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Mar 05 1990

Amarthala Hemalatha Vs. Dasari Balu Rajendra Varaprasad

Court : Andhra Pradesh

Decided on : Mar-05-1990

Subject : Family

Acts : Divorce Act, 1869 - Sections 7, 10, 14, 17, 22, 24, 25 and 26; Hindu Marriage Act, 1955 - Sections 13(1) and 13(1)(A); Special Marriage Act, 1954 - Sections 27(1) and 28; Matrimonial Causes Act, 1857; Supreme Court of Judicature (Consolidation) Act, 1925; Matrimonial Causes (Amendment) Act, 1937; Divorce Reform Act, 1969; Nullity of Marriage Act, 1971; Matrimonial Causes (Amendment) Act, 1973 - Sections 1(2); Matrimonial Causes (Amendment) Act, 1950;

Reported in : AIR1990AP220; II(1991)DMC194

The reference is disposed of accordingly. Family - dissolution of marriage - Sections 7, 10 and 22 of Divorce Act, 1869, Section 13 (1) (a) of Hindu Marriage Act, 1955 and Section 27 (1) (a) of Special Marriage Act, 1954 -

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Jul 18 1952

Prabhakar Bhaskar Vs. Usha Prabhakar

Court : Mumbai

Decided on : Jul-18-1952

Subject : Family

Acts : Code of Civil Procedure (CPC), 1908 - Sections 96; Bombay Hindu Divorce Act, 1947 - Sections 5, 5A, 8 and 13; Bombay Matrimonial (Transfer of Cases) Act, 1950; Bombay Civil Courts Act, 1869 - Sections 2, 8, 16, 17 and 26; Bombay Civil Courts (Amendment) Act, 1949 - Sections 6

Reported in : AIR1953Bom189; (1953)55BOMLR59; ILR1953Bom323

Court under the provisions of Section 8, Bombay Civil Courts Act of 1869.[4] Under Section 5, Bombay Hindu Divorce Act of 1917, every suit under the Act has to be instituted in the Court within the limits of … for the purpose of exercising the powers and jurisdiction in respect of the trial of that suit. Under Section 13 of the Act all decrees and orders made by the Court in any suit or proceeding under the

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Feb 24 1995

Ammini E.J. and Etc. Vs. Union of India (Uoi) and ors.

Court : Kerala

Decided on : Feb-24-1995

Subject : Family

Acts : Divorce Act, 1869 - Sections 10 and 22; Constitution of India - Articles 13, 14, 15 and 21; Code of Criminal Procedure (CrPC) - Sections 488; Evidence Act, 1872 - Sections 112 and 115; Hindu Marriage Act, 1955; Parsi Marriage and Divorce Act, 1936; Muslim Marriage Act, 1939; Special Marriage Act, 1934; Foreign Marriage Act, 1969

Reported in : AIR1995Ker252

Ramakrishnan, J. 1. The constitutional validity of Section 10 of the Indian Divorce Act, 1869 (for short 'the Act') which regulated divorce among Christians in India for a century and a quarter is … and Bhuddists, Jains, Sikhs or any person who is not a Cristian, Muslim Parsi or Jew by religion. Section 13 of the Act lays down the various grounds for divorce. Grounds for divorce are common for both husband

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Oct 17 1989

Joykutty Mathew Vs. Valsamma Kuruvilla

Court : Kerala

Decided on : Oct-17-1989

Subject : Family

Acts : Indian Divorce Act, 1869 - Sections 19 and 36; Hindu Marriage Act, 1955 - Sections 13, 13(1) and 24

Reported in : AIR1990Ker262; I(1991)DMC479

1984 dismissing his Petition for a declaration that the marriage is a nullity and void under the Indian Divorce Act, 1869. The O. P. was filed on 10-11-1984 and was dismissed on 6-7-1987. The main grounds on which the … a party should be a lunatic or idiot so as to give a decree for nullity of marriage, Section 13 of the Hindu Marriage Act prescribes a slightly lesser standard. Section 13(1)(iii) reads as follows: '13(1) Any marriage

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Apr 05 2002

Rosy Kurian Kannanaikal Vs. Joseph Verghese Cheeran

Court : Karnataka

Decided on : Apr-05-2002

Subject : FamilyCivil

Acts : Divorce Act, 1869 - Sections 10, 10A, 14, 16, 17, 19 and 20; ;Family Courts Act, 1984 - Sections 19 and 19(1); Divorce (Amendment) Act, 2001- Sections 29 and 55

Reported in : II(2002)DMC79; ILR2002KAR1831; 2004(3)KarLJ75

of a decree for dissolution of marriage or nullity of marriage, under Sections 17 and 20 of the Divorce Act, 1869, is necessary where such decree is granted by a Family Court, under the Family Courts Act, 1984?(ii) Whether … reference to High Court for confirmation of a decree for dissolution of marriage or nullity of marriage, under Sections 17 and 20 of the Divorce Act, 1869, is necessary where such decree is granted by a Family … The petitioner has in fact filed an application I.A. No. I on 13-1-2002 for this purpose. Learned Counsel for the parties submit that as these

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Feb 24 2006

Sri Victor Sebastian S/O Hilari Karkada Vs. Smt. Thorulatha D/O John B ...

Court : Karnataka

Decided on : Feb-24-2006

Subject : Family

Acts : Divorce Act, 1869 - Sections 10, 10(1) and 13(1); Indian Divorce (Amendment) Act, 2001; Hindu Marriage Act

Reported in : II(2006)DMC844; ILR2006KAR3097

light of the amendment to the Indian Divorce Act 2001 filed a petition Under Section 10(1)(x) of the Divorce Act 1869 before the learned Judge alleging cruelty in the matter. Objections were filed. Witnesses were examined. The learned Judge, … said case in para 21, the Apex Court has ruled that 'cruelty for the purpose of Under Section 13(1)(I-a) is to be taken as a behaviour by one spouse towards, the other, which causes reasonable apprehension in

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Nov 28 2002

Pasumpon Gandhi Vs. Shirely Gandhi E/O Pasumpon Gandhi and anr.

Court : Chennai

Decided on : Nov-28-2002

Subject : Family

Acts : Evidence Act, 1872 - Sections 3 and 104; Divorce Act, 1869 - Sections 10, 12 and 13; Hindu Marriages Act, 1955 - Sections 23

Reported in : (2003)1MLJ62

the Additional Principal Judge (Additional Family Court), Madras, dismissing his petition filed under Section 10 of the Indian Divorce Act, 1869 to dissolve the marriage performed between him and the first respondent herein, has filed the above appeal. He … not satisfied that the alleged adultery has been committed, the Court has to dismiss the said petition under Section 13. In the light of the conclusion of the Supreme Court in the decision referred to above, we are

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Jun 20 1967

Ajitrai Shivprasad Mehta Vs. Bai Vasumati

Court : Gujarat

Decided on : Jun-20-1967

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 5, 10, 10(1), 11, 12, 12(1), 13 and 13(1); Evidence Act, 1872 - Sections 45; Indian Divorce Act, 1869 - Sections 19(3); Indian Penal Code (IPC), 1860 - Sections 84; Indian Contract Act - Sections 12; Lunacy Act, 1890 - Sections 90

Reported in : AIR1969Guj48; (1969)GLR253

and legal definitions of insanity in the context of a similar legislation viz., Section 19(3) of the Indian Divorce Act, 1869, which provided for a decree of nullity of marriage on the ground of the other spouse being 'an … the ground that the marriage was in contravention of the conditions specified in Clause (ii) of Section 5. Section 13(1)(iii) then provides that a marriage solemnised, whether before or after the Act, could, on a petition presented by

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Jan 13 1965

Lalithamma Vs. R. Kannan

Court : Karnataka

Decided on : Jan-13-1965

Subject : Family

Acts : Hindu Marriages Act, 1955 - Sections 5, 13(2), 19, 23, 23(1) and 25; Indian Divorce Act, 1869 - Sections 3; Code of Criminal Procedure (CrPC) , 1973 - Sections 488(8)

Reported in : AIR1966Kant178; AIR1966Mys178

the cases of this court cited above dealt with the position as under Section 3 of the Indian Divorce Act, 1869. According to it, the Court having jurisdiction is the Court of the District Judge within the local limits … 12-7-1959 the appellant presented a petition, out of which this appeal arises, claiming divorce under sub-section (2) of Section 13 of the Hindu Marriages Act of 1955(Central Act XXV of 1955) together with permanent alimony under section 25

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May 06 1997

Mrs. Pragati Varghese and Etc. Vs. Cyril George Varghese and Etc.

Court : Mumbai

Decided on : May-06-1997

Subject : Civil

Acts : Divorce Act, 1869 - Sections 10, 16, 17 and 20; Constitution of India - Articles 2, 13, 14, 15, 21, 38(2) and 44; High Court Original Side Rules, 1980 - Rule 28; Hindu Marriage Act, 1955 - Sections 7 and 13(1A); Dissolution of Muslim Marriages Act, 1939; The Parsi Marriage and Divorce Act, 1936; The Special Marriage Act, 1954; The Foreign Marriage Act, 1959 - Sections 22; Matrimonial Causes Act, 1857; Matrimonial Causes Act, 1923; Matrimonial Causes Act, 1937; Divorce Reforms Act, 1969; Matrimonial Causes Act, 1973 - Sections 1 and 3; Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 488; Indian Penal Code (IPC), 1860 - Sections 377 and 498-A; Evidence Act, 1872 - Sections 112

Reported in : AIR1997Bom349; 1997(3)ALLMR504; 1997(4)BomCR551; 1997BomCR(Cri)918; (1997)3BOMLR333; II(1997)DMC407; 1997(3)MhLj602

trial to the learned single Judge. Prayer, in this behalf, is accordingly rejected.59. Order accordingly. [A] The Indian Divorce Act, 1869 - Section 10 and Constitution of India, 1950: Article 19, 16,21 - Seeking a divorce on the ground of adultry … Union Territory of Delhi AIR 1981 SC 746; (iii) 'Smt. Triveniben v. State of Gujarat', AIR 1989 SC 1355; and (iv) 'Unni Krishnan J.P. v. State of Andhra Pradesh', : [1993]1SCR594 . In the case of 'P.T.

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